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AUTHORIZED PUNISHMENTS
If the CO is convinced by the evidence that the
accused is guilty of the offense(s) and he or she deems
punishment is proper, the CO has wide latitude to
impose punishment. There are, however, limitations
that are placed on the CO based upon his or her rank and
the status of the accused.
LIMITATIONS
The maximum imposable punishment in any Arti-
cle 15, UCMJ, case is limited by several factors that
include the following:
. The grade of the imposing officer—COs in
grades O-4 to O-6 have greater punishment powers than
officers in grades O-1 to O-3. Flag officers, general
officers, and OEGCMJs have greater punishment
authority than COs in grades O-4 to O-6.
. The status of the imposing officer—regardless of
the rank of an OIC, his or her punishment power is
limited to that of a CO in grades O-1 to O-3. The
punishment powers of a CO are commensurate with his
or her permanent grade.
. The status of the accused—punishment authority
is also limited by the status of the accused. Is the accused
an officer or an enlisted person attached to or embarked
in a vessel?
Maximum punishment limitations apply to each
NJP action and not to each offense. Note that there is a
policy that all known offenses that the accused is sus-
pected of should ordinarily be considered at a single
Article 15 hearing. Figure 5-8 summarizes the maxi-
mum punishment limitations for NJP.
MAXIMUM LIMITS—SPECIFIC
There are specific maximum limits on punishment
that may be imposed on an individual. Depending upon
whether the accused is an officer, a warrant officer, or
an enlisted person will depend on the type of punish-
ment that may be imposed. Also the rank of the official
imposing the punishment is a limiting factor on the
amount and type of punishment that may be awarded.
A flow chart demonstrating this follows:
1. Upon commissioned officers and warrant offi-
cers
a. Imposed by an OEGCMJ, an officer of gen-
eral or flag rank in command, or designated principal
assistant:
(1) Punitive admonition or reprimand.
(2) Arrest in quarters for not more than 30
consecutive days.
(3) Restriction to specified limits, with or
without suspension from duty, for not more than 60
consecutive days.
(4) Forfeiture of not more than 1/2 of 1
month’s pay per month for 2 months.
b. Imposed by any CO:
(1) Admonition or reprimand.
(2) Restriction to specified limits, with or
without suspension from duty for more than 30 con-
secutive days.
c. Imposed by an OIC: OICs do not have the
authority to impose NJP upon officers.
2. Upon enlisted accused
a. If imposed by COs of the grade of lieutenant
commander or above or a principal assistant:
(1) Admonition or reprimand.
(2) If imposed upon a person attached to or
embarked in a vessel, confinement on bread and water
or diminished rations for not more than 3 consecutive
days. Accused must be in the paygrade of E-3 or below.
(3) Correctional custody for not more than
30 consecutive days and only on grades E-3 and below.
(4) Forfeiture of not more than 1/2 of
1 month’s pay per month for 2 months.
(5) Reduction of one paygrade for members
in paygrades E-6 and below. Reduction is not imposable
on E-7 and above (Navy) or on E-6 and above (Marine
corps).
(6) Extra duties for not more than 45 con-
secutive days.
(7) Restriction to specified limits for not
more than 60 consecutive days.
b. Imposed by COs in grades O-3 and below, or
any commissioned OIC:
(1) Admonition or reprimand.
(2) Confinement on bread and water or di-
minished rations for not more than 3 consecutive days
and only on grade E-3 and below attached to or em-
barked in a vessel.
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